HAR §11-54-9.4. (e) The term of a variance shall be only as long as necessary to achieve the HAC; provided no permit shall have a term exceeding five years

The following requirements shall apply when specifying the term of a variance: (1) A term may start from the date EPA approves the variance or from a date specified by the department; and (2) If the length of time required to achieve a HAC exceeds five years, the department may consider issuing a series of permits; provided no permit, in a series of permits, shall have a term exceeding five years. (f) The decision to approve the application for a variance shall be subject to public participation requirements. The department shall hold one or more public hearings when approving the application for a variance in accordance with applicable provisions of chapter 91, HRS, and 40 C.F.R. §25. The application for a variance and supporting information shall be made available to the public prior to the hearing. (g) A variance shall not be effective until it is adopted by the department and approved by the EPA. (h) Re-evaluation of a variance or a permit in a series of permits shall be conducted no less frequently than every five years, and at least one hundred eighty days prior to the end of such a variance or such a permit to review the HAC using all existing and readily available information. The following requirements shall apply when conducting a re-evaluation: (1) A re-evaluation shall determine the water quality progress achieved. Available documents, supporting analyses, water quality data, and any additional information requested by the department shall be submitted to determine the water quality progress achieved; (2) The results of a re-evaluation may modify the HAC of a variance or the HAC(s) of succeeding permits in a series of permits; 54-72 3435 §11-54-9.5 (3) The department shall obtain, in accordance with chapter 91, HRS, public comment on a re-evaluation; (4) The department shall submit, in accordance with title 40, Code of Federal Regulations, section §131.14(b)(1)(v), the results of a re-evaluation to the EPA; and (5) If the department does not conduct a re-evaluation as specified or does not submit the results of a re-evaluation as required, then a variance shall no longer be applicable. (i) All specified conditions of an expiring variance must have been met in order for a discharger to request a renewal. The following requirements shall apply when requesting a renewal of a variance: (1) A renewal shall provide for a HAC at least as stringent as the expiring HAC; and (2) A renewal shall take into consideration the installation of pollutant control technologies and, if applicable, the adoption and implementation of a PMP. [Eff and comp OCT 2 2 2021 ] (Auth: HRS §§342D-4, 342D-5, 342D-7, Ch. 342E) (Imp: §§342D-4, 342D-5, 342D-6, 342D-7, Ch. 342E; 40 §§131.10, 131.14) ###